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Federal District Court Dismisses Malpractice Claim For Failing To File An Expert Affidavit Required By O.C.G.A. § 9-11-9.1

In Haynes v. Walmart Lovejoy, et. al, 2017 WL 5505318 (ND Ga. 2017), the Court dismissed Plaintiff's complaint in part for failing to submit an expert affidavit alleging professional malpractice pursuant to O.C.G.A. § 9-11-9.1(a). In this case, plaintiff, proceeding pro se, sued both Walmart and her attorney in a lawsuit she had filed against Walmart. The Court construed her claims against her attorney as claims for professional malpractice.

The opinion does not cite to numerous prior cases in the Northern District holding O.C.G.A. §9-11-9.1 does not apply in Federal Court. Thus, if it is not clear that this recent decision will be followed. However, it does provide some support to dismiss a complaint filed in Federal Court without an expert affidavit in a professional malpractice case.

By: Richard Tisinger, Jr.

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